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Utah-Per — Tue, 17 Mar 2009 21:16:02 +0000

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Three No-Fail Must-Know Secrets To Get More From Your Injury Case

Utah-Per — Mon, 16 Mar 2009 15:59:12 +0000

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After 25 years of working as an injury attorney on thousands of cases ranging in value from ten thousand dollars to millions of dollars there are three key principles that stand out when it comes to getting maximum dollar value from a case. They are:

1) IDENTIFY ALL INJURIES;
2. MAKE SURE EACH INJURY IS PROPERLY DIAGNOSED;
3. MAKE SURE EACH INJURY IS APPROPRIATELY TREATED.

STEP ONE: IDENTIFY ALL INJURIES

“What?”, you say, “Isn’t that the doctor’s job?”

Maybe.

But is it the doctor’s job to make sure you get maximum recovery on your case?

In this day of specialization doctors are increasingly aware of their own area of specialization and less aware of injuries outside their area. It’s sort of like the “forest for the trees” metaphor.

An orthopedic surgeon, for example, can certainly spot a bone break. But is it realistic for him to also know symptoms of TMJ (temporomandibular joint disorder)

TMJ

Temporomandibular joint disorder is an abnormal condition with facial pain and poor function of the lower jaw. It is caused by a defective or dislocated TMJ joint (i.e. jaw joint).

One common sign of “TMJ” is clicking of the joint when the jaws move. [Mosby Medical Encyclopedia, Revised Edition.]

I represented a Chinese man who came to the United States to attend college. While cruising the freeway in his Volkswagen bus one night, he was struck from behind by a semi-truck.

His injuries were numerous and various.

One day, after he had seen many doctors, he was visiting with me, discussing his case. My attention was drawn to an audible “pop” sound which coincided with the opening of his mouth.

TMJ? You better believe it. One of the worst cases I had ever seen (or heard). I brought it to the attention of one of his doctors so a referral could be made to a TMJ specialist.

HEAD INJURY

Another common malady in accident cases (especially after auto accidents) is a “closed head injury”, which is trauma (injury) to the brain without skull fracture.

One type of closed head injury is a “concussion” which is a violent jarring or shaking injury to the brain. [Mosby Medical Encyclopedia, Revised Edition.]

Closed head injuries are quite common in car accidents and can occur even though the injured person did not strike their head. There is a type of head injury known as contre-coup concussion that is described in the following paragraph:

“A rapid acceleration and deceleration of the head can
force the brain to move back and forth across the inside
of the skull. The stress from the rapid movements pulls
apart nerve fibers and causes damage to brain tissue.
This type of injury often occurs as a result of motor
vehicle crashes and physical violence, such as Shaken
Baby Syndrome.” Source: Brain Injury Association of
America.

How do you make sure all injuries are diagnosed?

Use a checklist.

There at least twelve (12) common symptoms of closed head injury.

Years ago I obtained a list of these from a neuropsychologist. (A “neuropsychologist” is the medical professional who specializes in the diagnosis and treatment of closed head injuries.)

I also obtained, from a TMJ specialist, a list of common TMJ symptoms.

These symptoms have been incorporated into a checklist which is included in my accident paperwork that all my new clients have been filling out for years.

I’ll be posting it on this blog so be sure to come back or sign up for RSS feed or email feed so you don’t miss it.

Another way to make sure all injuries are identified is to tell your doctor. At your first visit, certainly, but also on later visits. Be sure to tell your doctor about symptoms that are new or worse since the accident.

Sometimes your pain might be most severe in your neck right after the accident. Later, when that pain subsides your knee could be troubling you most and your knee could turn out to be the most seriously injured part of your body.

If he doesn’t listen, tell your attorney. You might feel something is minor or not important so you are reluctant to tell your doctor or attorney. The best practice is to tell your doctors and attorneys everything. Let them decide what is important.

If your doctor doesn’t listen tell your attorney. If your attorney won’t listen get another attorney. Find someone who will listen.

Attorney-client relationships are like all relationships: there is no substitute for good communication. And that requires listening, on both sides.

STEP TWO: MAKE SURE EACH INJURY IS PROPERLY DIAGNOSED

How do you make sure each injury is properly diagnosed?

Once you’ve used the checklist and spotted a potential injury bring it to the attention of your doctors and lawyer. Your lawyer can ask your primary treating physician to make a referral to a specialist who can perform tests and formally diagnose the injury.

STEP THREE: MAKE SURE EACH INJURY IS APPROPRIATELY TREATED.

Make sure all of your injuries is appropriately treated by going to the doctor after your accident.

Stoicism was a philosophy practiced in ancient Greece. The essence was “suck it up, don’t complain, be a man”.

This philosophy may have worked in Ancient Greece but it doesn’t work in a modern injury case. Not if you want to get top value for your injuries.

If you are hurt, go to the doctor. Follow his treatment recommendations.

Insurance defense attorneys love to bring up in court that the plaintiff (injured person) did not follow the doctor’s recommendations. Juries expect you to follow your doctor’s advice.

There’s a legal principle called “mitigation of damages”. It says you must take steps to reduce the harm you suffer when someone causes you injury. If you fail to follow your doctor’s advice, you have failed to “mitigate your damages”.

There is a specific “jury instruction” that the defense attorney will ask the judge to give the jury if he thinks you haven’t been faithful to treatment recommendations.

You will get less money if you don’t get the treatment prescribed by your doctors.

Even something as small as missing an appointment can make a difference.

Doctors don’t like it when patients miss appointments. They sometimes write in large letters: “PATIENT FAILED TO SHOW“.

Juries get to see all the medical records. Imagine their reaction to just one of those comments.

So make your appointments. Do your part to get better.

If the TMJ specialist tells you to wear your brace daily for six weeks, wear the brace.

If your doctor prescribes daily exercises, do the exercises.

If surgery is recommended and the second opinion doctor agrees. Get the surgery. Your case is worth infinitely more after the surgery.

CONCLUSION

By following the advice in this article you avoid mistakes that will cost you thousands, tens of thousands, or even hundreds of thousands of dollars on your injury case.

Your Must Know Guide to Getting Health Insurance to Pay

Utah-Per — Wed, 04 Feb 2009 18:01:33 +0000

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This question was submitted by Michelle Hunt of Back To Health Chiropractic West Jordan, Utah.

The answer pertains to Utah law. Other states often have similar provisions. Check your state’s laws or call your state’s insurance commission or equivalent to find out your rights in your state. A list of the addresses and phone numbers for the insurance commissions in all 50 states follows this article.

WHEN HEALTH INSURANCE IS NOT PAYING YOUR BILLS

Q Is there a law requiring health insurance to pay within a specific period of time

A. Yes, in Utah an adjuster has 30 days to pay or deny a health insurance claim. If she can’t pay or deny the claim with the information you gave her she may ask for more information. She may also take advantage of a 30 day extension for claims that need investigation.

If the adjuster uses the 30 day extension for investigation she must inform the doctor before the end of the initial 30 days 1) the nature of the investigation, 2) the time line for investigation and 3) the anticipated completion date.

In Utah, the insurer can get more time for investigation only by making a written request to the Insurance Commissioner.

You can charge a late fee when the adjuster does not comply. It is the unpaid amount times the number of days times 1/10 of 1%. For example, the unpaid bill of $500 is not paid for 60 days and so is paid 30 days late. Take $500 and multiply by 30 and multiply that by 1/10 of 1% ($500 x 30 x .001 = $15).

You may refer to this law in your letter or phone call to the adjuster: Utah Code Annotated Section 31A-26-301.6. It is entitled the Health Care Provider Claims Practices Act.

Alabama
Alabama Department of Insurance
State Insurance Commissioners Office
135 South Union Street
Montgomery, AL 36130
Main Phone: 1-334-269-3550
Fax: 1-334-241-4192

Alaska
State Insurance Commissioners Office
Alaska Department of Commerce & Economics
P.O. Box 110805
Juneau, AK 99811-0805
Main Phone: 1-907-465-2515
Fax: 1-907-465-3422

Arizona
Arizona Department of Insurance
State Insurance Commissioners Office
2910 North 44th Street
Suite 210
Phoenix, AZ 85018-7256
Main Phone: 1-602-912-8400
Fax: 1-602-912-8452

Arkansas
State Insurance Commissioners Office
2100 West 3rd Street
Little Rock, AR 72201-1904
Main Phone: 1-501-371-2600
Fax: 1-501-371-2618

California
California Department of Insurance
State Insurance Commissioners Office
300 Capital Mall
Suite 1500
Sacramento, CA 95814
Main Phone: 1-916-492-3500
Fax: 1-916-445-4280

Department of Managed Health Care
California HMO Help Center
980 Ninth Street, Suite 500
Sacramento, CA 95814-2725
Main Phone: 1-888-HMO-2219
Fax Number: 1-916-229-0465
Email: helpline@dmhc.ca.gov

Colorado
Colorado Department of Insurance
State Insurance Commissioners Office
Colorado Division of Insurance
1560 Broadway, Suite 850
Denver, CO 80202
Main Phone: 1-303-894-7499
Alternate Phone: 1-800-930-3745
Fax: 1-303-894-7455

Connecticut
Connecticut Department of Insurance
State Insurance Commissioners Office
P.O. Box 816
Hartford, CT 06142-0816
Main Phone: 1-860-297-3802
Fax: 1-860-566-7410

Delaware
State Insurance Commissioners Office
Rodney Building
841 Silver Lake Blvd.
P.O. Box 7007
Dover, DE 19903
Main Phone: 1 302-739-4251
Fax: 1-302-739-5280

District of Columbia
District of Columbia Department of Insurance
Insurance Administration
441 Fourth Street, NW
8th Floor North
Washington, DC 20001
Main Phone: 1-202-727-8000 ext. 3018
Fax: 1-202-535-1196

Florida
Florida Department of Insurance
State Insurance Commissioners Office
State Capital
Plaza Level Eleven
Tallahassee, FL 32399-0300
Main Phone: 1- 800 342 2762
Fax: 1-850-488-6581

Georgia
State Insurance Commissioners Office
2 Martin Luther King, Jr. Dr.
Floyd Memorial Bldg.
Atlanta, GA 30334
Main Phone: 1-404-656-2056
Fax: 1-404-657-8542

Hawaii
Hawaii Department of Insurance
State Insurance Commissioners Office
Department of Commerce and Consumer Affairs
250 S. King Street, 5th Floor
Honolulu, HI 96813
Main Phone: 1-808-586-2790
Fax: 1-808-586-2806

Idaho
Idaho Department of Insurance
PO Box 83720
Boise, ID 83720-0043
Main Phone: 1-800-721-3272

Illinois
Illinois Department of Insurance
State Insurance Commissioners Office
320 West Washington Street
4th Floor
Springfield, IL 62767
Main Phone: 1-217 785-4515
Fax: 1-217-782-5020

Indiana
Indiana Department of Insurance
State Insurance Commissioners Office
311 West Washington St
Suite 300
Indianapolis, IN 46204-2787
Main Phone: 1-317-232-2385
Fax: 1-317-232-5251

Iowa
Iowa Division of Insurance
State Insurance Commissioners Office
Lucas State Office Building
6th Floor
Des Moines, IA 50319
Main Phone: 1-515-281-5705
Fax: 1-515-281-3059

Kansas
Kansas Department of Insurance
State Insurance Commissioners Office
420 SW 9th St
Topeka, KS 66612-1678
Main Phone: 1-785-296-7801
Fax: 1-785-296-2283

Kentucky
State Insurance Commissioners Office
PO Box 517
215 West Main St
Frankfort, KY 40602-0517
Main Phone: 1-502-564-6027
Fax: 1-502-564-6090

Louisiana
Louisiana Department of Insurance
State Insurance Commissioners Office
Louisiana Department of Insurance
950 North 5th St
Baton Rouge, LA 70804-9214
Main Phone: 1-225-343-4834

Maine
State Insurance Commissioners Office
Dept. of Professional & Financing Regulations
State Office Building
Station 34
Augusta, ME 04333-0034
Main Phone: 1-207-624-8475
Fax: 1-207-624-8599

Maryland
Maryland Bureau of Insurance
State Insurance Commissioners Office
501 St. Paul Place
Stanbalt Building, 7th Floor South
Baltimore, MD 21202-2272
Main Phone: 1-410-468-2000

Massachusetts
Massachusetts Department of Insurance
State Insurance Commissioners Office
470 Atlantic Ave
Boston, MA 02210-2223
Main Phone: 1-617-521-7794
Fax: 1-617-521-7772

Michigan
State Insurance Commissioners Office
Michigan Insurance Bureau, Department of Commerce
611 W Ottawa St
2nd Floor, North
Lansing, MI 48933-1020
Main Phone: 1-517-373-9273
Fax: 1-517-373-9273

Minnesota
Minnesota Department of Commerce
State Insurance Commissioners Office
133 East 7th St
St. Paul, MN 55101
Main Phone: 1-651-296-6025
Fax: 1-651-282-2568

Mississippi
Mississippi Department of Insurance
State Insurance Commissioners Office
1804 Walter Sillers Building
Jackson, MS 39205
Main Phone: 1-601-359-3569
Fax: 1-601-359-2474

Missouri
Missouri Department of Insurance
State Insurance Commissioners Office
301 West High St 6 North
Jefferson City, MO 65102-0690
Main Phone: 1-573-751-4126
Fax: 1-573-751-1165

Montana
State Insurance Commissioners Office
126 North Sanders
270 Mitchell Building
Helena, MT 59601
Main Phone: 1-406-444-2040

Nebraska
State Insurance Commissioners Office
Terminal Building
941 ‘O’ St
Lincoln, NE 68509-8920
Main Phone: 1-402-471-2201
Fax: 1-402-471-4610

Nevada
State Insurance Commissioners Office
1665 Hot Springs Rd
Carson City, NV 89710
Main Phone: 1-775-687-4270
Fax: 1-775-687-3937

New Hampshire
State Insurance Commissioners Office
56 Old Suncook Rd
Concord, NH 03301-7317
Main Phone: 1-800-852-3416 -or- 1-603-271-2261
Fax: 1-603-271-1406

New Jersey
New Jersey Department of Insurance
State Insurance Commissioners Office
20 West State St
CN325
Trenton, NJ 08625
Main Phone: 1-609-292-7272
Fax: 1-609-984-5273

New Mexico
New Mexico Department of Insurance
State Insurance Commissioners Office
PO Box Drawer 1269
Santa Fe, NM 87504-1269
Main Phone: 1-505-827-4601
Fax: 1-505-827-4734

New York
State Insurance Commissioners Office
160 West Broadway
New York, NY 10013
Main Phone: 1-212-480-6400

North Carolina
North Carolina Department of Insurance
State Insurance Commissioners Office
4140 Dobbs Building
PO Box 26387
Raleigh, NC 27611
Main Phone: 1-919-733-7349
Fax: 1-919-733-0085

North Dakota
State Insurance Commissioners Office
600 E. Blvd
Bismarck, ND 58505-0320
Main Phone: 1-701-328-2440
Fax: 1-701-328-4880

Ohio
State Insurance Commissioners Office
Ohio Department of Commerce & Economics
2100 Stella Court
Columbus, OH 43215
Main Phone: 1-614-644-2658
Fax: 1-614-644-3744

Oklahoma
Oklahoma Department of Insurance
State Insurance Commissioners Office
3814 N Santa Fe
Oklahoma City, OK 73118
Main Phone: 1-405-521-2686
Fax: 1-405-521-6635

Oregon
State Insurance Commissioners Office
Dept. of Consumer & Business Services
350 Winter St NE
Room 200
Salem, OR 97310-0700
Main Phone: 503-947-7980

Pennsylvania
State Insurance Commissioners Office
Pennsylvania Department of Insurance
1326 Strawberry Square
13th Floor
Harrisburg, PA 17120
Main Phone: 1-717-787-7000
Fax: 1-717-772-1969

Puerto Rico
State Insurance Commissioners Office
Puerto Rico Department of Insurance
Cobian’s Plaza Building
1607 Ponce de Leon Ave
Santurce, PR 00909
Main Phone: 1-787-722-8686

Rhode Island
State Insurance Commissioners Office
Department of Business Regulation
233 Richmond St
Suite 233
Providence, RI 02903-4233
Main Phone: 1-401-456-9100
Fax: 1-401-456-9284

South Carolina
State Insurance Commissioners Office
South Carolina Department of Insurance
1612 Marion St
PO Box 100105
Columbia, SC 29202-3105
Main Phone: 1-803-737-6212
Fax: 1-803-737-6231

South Dakota
State Insurance Commissioners Office
Dept. of Commerce & Regulation
500 E. Capitol
Pierre, SD 57501
Main Phone: 1-605-773-3563
Fax: 1-605-773-5369

Tennessee
State Insurance Commissioners Office
Department of Commerce and Insurance
500 James Robertson Parkway
4th Floor
Nashville, TN 37243-0574
Main Phone: 1-800-342-4029 (toll-free)
Alternate Phone: 1-615-741-2218

Texas
State Insurance Commissioners Office
Texas Department of Insurance
333 Guadeloupe St
PO Box 149104
Austin, TX 78714-9104
Main Phone: 1-512-463-6464
Fax: 1-512-475-2005

Utah
State Insurance Commissioners Office
Utah Department of Insurance
3110 State Office Building
Salt Lake City, UT 84114-1201
Main Phone: 1-801-538-3800
Fax: 1-801-538-3829

Vermont
State Insurance Commissioners Office
Vermont Division of Insurance
Department of Banking, Insurance & Securities
89 Main St, Drawer 20
Montpelier, VT 05620-3101
Main Phone: 1-802-828-3301
Fax: 1-802-828-3306

Virginia
State Insurance Commissioners Office
Virginia Bureau of Insurance
State Corporation
1300 East Main Str
Richmond, VA 23219
Main Phone: 1-804-371-9694
Fax: 1-804-371-9873

Washington
State Insurance Commissioners Office
Washington Office of the Insurance
14th Ave. & Water Streets
PO Box 40255
Olympia, WA 40255
Main Phone: 1-360-753-7301
Fax: 1-360-586-3535

West Virginia
West Virginia Department of Insurance
State Insurance Commissioners Office
PO Box 50540
Charleston, WV 25305-0540
Main Phone: 1-800-642-9004
Alternate Phone: 1-304-558-3386
Fax: 1-304-558-4965

Wisconsin
State Insurance Commissioners Office
Office of the Commissioner of Insurance
State of Wisconsin
121 E Wilson
Madison, WI 53707-7873
Main Phone: 1-608-266-0102

Wyoming
State Insurance Commissioners Office
Wyoming Department of Insurance
Herschier Building
122 West 25th St, 3rd East
Cheyenne, WY 82002-0440
Main Phone: 1-307-777-7401
Fax: 1-307-777-5895

Warning: Watch Out for Allstate’s Hands

Utah-Per — Tue, 03 Feb 2009 17:24:34 +0000

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Allstate Insurance has many fine qualities. They are well funded. They defend their insured’s against lawsuits. (Although, because their settlement offers are quite conservative [some might say stingy] you are more likely to get sued after an accident than insureds of some other insurance companies. )

One drawback of being insured with Allstate is their handling of uninsured and underinsured motorist claims. If you are hit and injured by an uninsured motorist Allstate’s conservative settlement policy will be applied to you and you will have to fight to get a fair and generous settlement.

Moral: When those “good hands” people have you in their hands you will have to fight to protect your own interests.

Here is an example of an uninsured motorist award on an Allstate case along with the email from my co-counsel.

Hi, Rex. I have received the arbitration award on the ______ case. We were awarded $13,863.56 new money (with an additional $5,000 in PIP). This is twice what Allstate had offered to settle the case before arbitration, so I think we did well. A copy of the award is attached.

Thanks,

William

Here’s the Arbitration award: (By the way, in arbitration the two sides agree on a person who will hear the arguments of both sides and make a decision. It’s a lot like going to court without all the rules and formalities.)

PAUL H. MATTHEWS
Utah Arbitration & Mediation
pmatthews@utaharbitrationandmediation.com
10 West Broadway, Suite 350
Salt Lake City, UT 84101-2060
Telephone: (801) 355-7007
Facsimile: (801) 355-6006
February 3, 2009
William Morrison via email
Richard Gray via email
Re: ___ v. Allstate Insurance Company
Dear Counsel:
This case was arbitrated on January 30, 2009 with Paul H. Matthews acting as arbitrator,
Plaintiff was represented by William Morrison and Defendant was represented by Richard Gray.
After reviewing the position papers, depositions, and exhibits submitted by both sides,
after hearing the testimony of the plaintiff the arbitrator makes the following findings and
decisions by a preponderance of the evidence:
1. The plaintiff was involved in an automobile accident on September 26, 2006. The
accident occurred when an uninsured motorist abruptly and without warning swerved across the
median and hit the plaintiff head on with the primary impact on the left front of the plaintiff’s
vehicle. The parties have stipulated to the liability of the uninsured motorist, which is assumed by
the defendant in this case and that the plaintiff is fault free. The accident occurred in Salt Lake
County.
2. The plaintiff did not seek medical treatment on the night of the accident but rather
went home and went to bed as it was so late. However, the next morning he awoke with
symptoms of headache, neck pain, mid and low back pain and right shoulder pain. Accordingly,
at the urging of his mother he made an appointment with chiropractor Teresa Le (no relation)
who saw him one week after the accident on October 3, 2007. Dr. Le diagnosed him with soft
tissue strains and sprains and treated him throughout the month of October. She then referred
him to Rothfeder. Dr. Rothfeder performed an examination and had an MRI scan done on the
plaintiff. Dr. Rothfeder referred the plaintiff back to Dr. Le for continued therapy which was
continued through February of 2007, at which time he was released from treatment. Dr.
Rothfeder monitored and directed the chiropractic treatment. The plaintiff made almost no
progress in October and November of 2006, but in December the records reflect a breakthrough
and improvement thereafter until by February he was 80% better.
February 3, 2009
Page 2
See Section 78B-5-824 1 UCA; See also Gleave v. Denver Rio Grande Western Railroad Co., 749
P.2d 660 (Utah 1988) and Corbett v. Seamons, 904 P.2d 229 (Ut.Ct.App. 1995).
3. In spite of what the records state, the plaintiff testified he was 60 to 70% better
from his injuries when he stopped his chiropractic treatment. The plaintiff had prior injuries to
these same areas from a prior car accident in May of 2006. He also treated with Dr. Le for this
prior car accident. However, the plaintiff testified that he was completely better from his prior
injuries when this accident happened in September. However, the records of Dr. Le do not reflect
that he was 100% better after the May 31st accident.

He treated with Dr. Le from May 31, 2006
to July 5, 2006. When he stopped treating he still had pain in his shoulders, neck, uper back and
low back, all with a 2 of 10 on a 1-10 pain scale and also according to his pain diagram. On that
day his complaints were neck shoulder, upper and lower back pain. Dr. Le found him to have
sub-luxations in his entire cervical, thoracic and lumbar spine. He was found to be improving,
stable and recovering as anticipated.

On July 5th the plaintiff himself rated his condition as only
30% improved since the beginning of treatment. The plaintiff explained this at the arbitration
hearing by testifying that he must have improved after this time, because by the second accident
he was completely better. The plaintiff’s memory of treatment details, events, conditions and
what one of the treaters looked like was not very good. The records are deemed by the arbitrator
to be the best evidence as to how the plaintiff was responding to treatment on any particular day.
4. The plaintiff testified that currently his headaches have resolved, his shoulder pain
has resolved and his upper back has resolved. He testified that his lower back pain still hurts
somewhat when he is doing things like working on his car engine while on rollers or when
changing the oil. However he indicated that it was not too bad, but not as good as it was before
the accident. It particularly bothers him in the cold as it feels like it is stiff. He avoids heavy
lifting due to fear of injuring his back. This testimony is all consistent with the records. He was
given a home exercise program to participate in, but there was no evidence offered as to whether
he is engaged in a home exercise program.
5. The evidence preponderates that the Plaintiff suffered the following damages as a
direct result of the accident and due to the negligence of the defendant:
ECONOMIC DAMAGES
a. Medical Economic Damages $10,346.56
b Less medical PIP -($5000.00)
c. Lost Wage Economic Damages
$682.50
c. Net economic damage $6,029.06
d. Interest on net economic damage from the date of the
accident1 $1,417.25
TOTAL NET ECONOMIC DAMAGE AND INTEREST $8,863.56
FUTURE ECONOMIC DAMAGE $0.00
February 3, 2009
Page 3
NON ECONOMIC DAMAGES $5,000.00
TOTAL ARBITRATION AWARD $13,863.56*
*If this award is in excess it is automatically reduced to the policy limits of the insurance
contract pursuant to Utah law.
Each side to bear its own costs and attorneys fees.
/S/ 31January2009
Paul H. Matthews
Arbitrator

Foreign Object in Food

Utah-Per — Mon, 12 Jan 2009 17:52:09 +0000

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The following question was posted at LawGuru.com. Answer provided by Rex Curtis Bush, a Salt Lake City area attorney.

Q. Hello – I ordered a meal from Costa Vida [a Mexican restaurant near Salt Lake City] and on my second bite I began to choke. My parents witnessed the whole thing and were about to call 911 … I had to dislodge the object which turned out to be a rather large rubber band … My throat was soar for several days and it scared me to death. The restaurant has assumed liability and has instructed me to speak with their insurance company – what kind of case do you think I have? THANKS

A. Imagine you were on a local jury panel. Someone you don’t know is suing the restaurant. The jury panel is made up of a cross-section of local registered voters. Since you are in Salt Lake County, a majority of the jury members will be Republicans. How much would you and your fellow jury members award this person for the injury? The injuries are: sore throat for several days and being scared to death.

Traffic Accident: Who’s at Fault?

Utah-Per — Fri, 26 Dec 2008 21:51:21 +0000

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Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q. Someone speeding down the turning lane, to avoid stopped traffic hit me and took off the whole front end of my car as I was pulling out into a space a driver

had left me. we were stopped to look with just our nose out and he hit us. the officer said it was my fault. But he was speeding and not paying attention. and don’t you have to be within a certain footage of your turn to be driving in that lane anyway? and isn’t there something along the lines of driving for the conditions of the road?..there was heavy traffic and he was speeding past all the stopped vehicles very far from his turn.

A. Drivers are not supposed to travel in the “median” (or the “parking strip”) but anyone who has been driving for more than a week knows that they do. So when you failed to look before pulling into the path of the other driver, you were negligent and, according to the investigating officer, guilty of a traffic offense. The other driver should have been cited also. But since you were both negligent it will be difficult for you to get the other driver’s insurance to fix your car.

Can a Worker’s Comp Injury Be the Basis for a Personal Injury Claim?

Utah-Per — Fri, 26 Dec 2008 21:47:10 +0000

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Q. I sustained a permanent partial disability to my upper and lower back in Jan. ’99. I was a middle school science teacher and one of my students intentionally took a few screws from my desk and left it to later collapse on me after class. I filed a workers comp claim, which paid a percentage of lost wages a few years ago. Now it only pays for 2 of my meds and an occasional dr. visit. I filed separately and now receive minimal Social Security disability benefits. My question is: Can I now file a personal injury claim against the school system, since I am still suffering with my back condition; despite the workers comp history with the same injury? Case in point– I recently underwent lower back surgery on 10/30/07 and was hospitalized for 8 days. I now have new meds, physical therapy and a hospital bill for $38K and a neurosurgeon bill for $5K because the dr. and hospital were out of network for my Medicare. Please advise.

A. General rule is: you can’t sue your employer if you are injured on the job and your employer has worker’s comp coverage. You can sue the boy who removed the screw or possibly even his parents. You would want to argue that he was negligent or reckless as intentional torts are not usually covered by insurance. If the boy’s parent’s own a home it is very possible there could be coverage that could pay your claim

Slip and Fall on Ice

Utah-Per — Fri, 26 Dec 2008 21:43:21 +0000

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Q. My mother slipped on the ice at her apartment complex and injured her shoulder and back. The complex assistant manager witnessed her fall. She has been off of her job at Walmart from the beginning of Dec. and cannot go back until Jan. 2, 2008. She is 85 and supplements her SS with her job at Walmart.
Does she have any recourse?

A. Slip and fall cases can be tough.

The key is “duty”.

Did the apartment complex have a duty to remove ice from the spot where your mother fell? Whether they had such a duty depends on the facts. It depends on where she fell. If she fell in the parking lot she might not have a claim. On the other hand, if ice had accumulated to a dangerous degree in the parking lot and the owners knew or should have known about it and took no steps to fix the condition then they could be liable.

Call an injury attorney who has experience with and enjoys handling slip and fall cases. He or she will help you sort out the facts.

How Long Can an Insurance Claim Stay Active?

Utah-Per — Fri, 26 Dec 2008 21:37:20 +0000

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Q. Roughly 3 and a half years ago I was out golfing and happened to have a golf ball strike me in the mouth while standing in the parking lot. it knocked out a few teeth and I have had to deal with extensive dental work since then. The dental work is finally coming to an end. The insurance company has paid for all of my work but the last few thousand dollars they seem to be putting off for some reason. I want to know if there is a period of time after said accident that they will not be responsible for covering my dental work. One final thing that id like to inquire about is whether or not I am entitled to a settlement. Thanks!

A. In Utah, for negligence claims such as this one, you have four years from the time you were injured to settle your claim or file a lawsuit

. This is called the “statute of limitations.” On top of your medical bills you may also be entitled to a settlement for pain and suffering. If you would like to discuss the specifics of your case feel free to contact me.

Auto/Bicycle Accident: Do I Need a Lawyer?

Utah-Per — Fri, 26 Dec 2008 21:35:00 +0000

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Q. I was hit by a car while riding my bicycle at night – it was dark, and I had a flashing light on the front of the bike. The driver slowed down, but did not stop at the stop sign. Broken tailbone, lots of skin abrasions and destroyed bike, clothes, bike accessories etc. What steps should I take – is a lawyer necessary?

A. Don’t be in a big hurry to settle the case. If the person who hit you was a private person (i.e. not working for state, local or federal government at the time of the accident) then you have four years to settle the claim or file suit.

Unfortunately, a broken tailbone will take some time to heal. But, you will also want to be sure you know the full extent of your injuries before settling. Once you settle, you cannot usually reopen the case later.

As a bicyclist you are considered a pedestrian and therefore your medical bills are covered under the PIP (Personal Injury Protection) coverage of the car that hit you. Utah policies require an owner to carry at least $3000 in PIP medical coverage.

Your lost wages are also covered up to the limits of the car’s policy.

You may also pay someone up to $20 per day to perform household tasks you are not currently able to perform.

When you receive payment for your bike and clothes do not sign anything.

An attorney could be helpful to you in making sure that all your injuries are identified, diagnosed and treated. And that the settlement is a fair one.